Do you HAVE to have a chl to conceal carry in Texas?

This is a discussion on Do you HAVE to have a chl to conceal carry in Texas? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I know the answer is a quick YES!, but, this weekend I was visiting with an old hillbilly gunsmith in Podunk central Texas and he ...

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Thread: Do you HAVE to have a chl to conceal carry in Texas?

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    New Member Array bassguy2222's Avatar
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    Do you HAVE to have a chl to conceal carry in Texas?

    I know the answer is a quick YES!,

    but, this weekend I was visiting with an old hillbilly gunsmith in Podunk central Texas and he got me thinking, granted this guy hasn't bought a new set of overalls in 50 yrs, but he has been the only gunsmith in town for 30 years. He was explaining the difference in carrying a gun and wearing a gun, as in, you wear your shirt, you don't carry it. He basically said that the 2nd amendment says that as long as we are carrying for defense purposes, not drinking and not committing a crime, then we are legally allowed to carry a concealed gun, and everything I've been able to find is for license holders, I cant find any documentation stating that Texas requires a CHL to carry a ccw... So it's kind of grey area because what he said makes sense, somewhat, we have the right to keep and BEAR arms for our defense, where in the constitution does it say we have to be licensed by the state to execute our 2nd amendment right?... So all having a chl does is give you way more regulations and harsher punishments.

    I'm really confused now.

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    Member Array 2slow04's Avatar
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    On your body = NO you cannot carry without a CHL

    in your car= YES you can carry in your car without CHL read up on the Katrina law, it you was put into effect since sept 2007, it is seen as a extension of your home and you have the right to protect your home and possesions.

    this is what my CHL instructor told us 2 weekends ago.. he is a 20 year law enforcement officer and a retired marine.
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    New Member Array bassguy2222's Avatar
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    That's what I've always been told and thought, and every LEO and instructor will say you are required to have one, but I'm trying to find the documentation, the laws stating such. I want to hold the law in my hand and read it, not just go on what someone says...

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    According to the 2nd Amendment to the US Constitution as US citizens we have the right to keep & bear arms. Nuthin' says nuthin' about concealed or openly displayed. However - the various States have seen fit to add their own modifications to the Amendment. Some states like WI allow unlicensed "Constitutional Carry" but require a license to carry a concealed firearm. Each state seems to have their own set of laws which in most cases is the way it should be - State's Rights & all. If there was a uniform gun law for all 50 States then the Federal Government would be the regulating body & I don't think we'd want that. We have the luxury of voting out our state & local legislators if they pass laws we don't like. We did it in Wisconsin & now we're the 49th state to allow concealed carry as of last November.
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    New Member Array bassguy2222's Avatar
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    I'm only looking for the Texas laws

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    Senior Member Array Grant48's Avatar
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    Quote Originally Posted by bassguy2222 View Post
    I cant find any documentation stating that Texas requires a CHL to carry a ccw... So it's kind of grey area
    You haven't been looking very hard. There's no "grey area" about it...

    "UNLAWFUL CARRYING WEAPONS". Texas Penal Code, Chapter 46, Section 2.

    PENAL CODE**CHAPTER 46. WEAPONS

    And no, regulations are no more or less stringent on CHL holders. In instances when carrying weapons is prohibited to CHL holders under 46.03, 46.035, and/or 30.06, it's already prohibited to non-CHL holders under 46.02.

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    Ex Member Array barstoolguru's Avatar
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    Quote Originally Posted by bassguy2222 View Post
    I know the answer is a quick YES!,

    but, this weekend I was visiting with an old hillbilly gunsmith in Podunk central Texas and he got me thinking, granted this guy hasn't bought a new set of overalls in 50 yrs, but he has been the only gunsmith in town for 30 years. He was explaining the difference in carrying a gun and wearing a gun, as in, you wear your shirt, you don't carry it. He basically said that the 2nd amendment says that as long as we are carrying for defense purposes, not drinking and not committing a crime, then we are legally allowed to carry a concealed gun, and everything I've been able to find is for license holders, I cant find any documentation stating that Texas requires a CHL to carry a ccw... So it's kind of grey area because what he said makes sense, somewhat, we have the right to keep and BEAR arms for our defense, where in the constitution does it say we have to be licensed by the state to execute our 2nd amendment right?... So all having a chl does is give you way more regulations and harsher punishments.

    I'm really confused now.
    You answered your own question; some assume and other read the law. Don’t take someone else's word on something if YOU are the one that is going to jail over it. If you are on YOUR own property you can carry anything you want but after that the state laws apply
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    Ex Member Array barstoolguru's Avatar
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    Quote Originally Posted by bassguy2222 View Post
    I'm only looking for the Texas laws
    http://www.txdps.state.tx.us/interne...rms/chl-16.pdf

    Chapter #2 is deadly defense with a gun

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    VIP Member Array mlr1m's Avatar
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    He basically said that the 2nd amendment says that as long as we are carrying for defense purposes, not drinking and not committing a crime, then we are legally allowed to carry a concealed gun,
    Strange how he believes that the States cannot put limits on how a person decides to bear arms then in his own words he places his own restrictions on it. Where exactly in the Amendment did he find those restrictions he came up with?

    Mind you I am not saying a person should drink or commit crimes with a firearm. Just wondering where he read the part I highlighted.

    Michael

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    There are some exceptions - as long as you can legally own a gun, you can carry legally without a permit on your own property and in your home. You can also carry legally without a permit in your vehicle. All other places where you can legally carry require a permit. Sounds like the gunsmith was talking theory based on the second amendment. But I wouldn't attempt to be a test-case based on his advice. Maybe he should stick to gunsmithing and leave the legal stuff to the lawyers.
    Ben

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    I think, therefore I am armed.


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    New Member Array bassguy2222's Avatar
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    Thanks guys, i definitely wasnt about to test his theory, i read all 72 pages yesterday, what confused me was sec 46.
    I figured it would say "carrying without a chl" under this section.

    Sec.*46.02.**UNLAWFUL CARRYING WEAPONS. (a)**A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
    (1)**on the person's own premises or premises under the person's control; or
    (2)**inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
    (a-1)**A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
    (1)**the handgun is in plain view; or
    (2)**the person is:
    (A)**engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
    (B)**prohibited by law from possessing a firearm; or
    (C)**a member of a criminal street gang, as defined by Section 71.01.


    I figured

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    Ex Member Array barstoolguru's Avatar
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    i definitely wasnt about to test his theory, i read all 72 pages yesterday, what confused me was sec 46.
    I figured it would say "carrying without a chl" under this section.
    When you read the state pc code... it refers to other sections instead of add the section on. it will say "you can do this" and then it will refer to "only if b3 and c2 are met" so then what you have to do is apply those sections to the code to complete it.

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    Distinguished Member Array Rexster's Avatar
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    The key words are "on or about his or her person."

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    You don't HAVE to have a carry permit anywhere, but unless your in a constitutional carry state, your going to spend a lot of money and time in jail if your caught.
    Freedom doesn't come free. It is bought and paid for by the lives and blood of our men and women in uniform.

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    Member Array Dragonheart's Avatar
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    Since it is so easy for a law abiding citizen, that can shoot, to get a CC in Texas, I would question why anyone would not? If you are over 65 the permit is free.

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